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Showing posts with label Addis Ababa. Show all posts
Showing posts with label Addis Ababa. Show all posts

Pre-Adoption Immigration Review (PAIR) program in Ethiopia

Little Miracles International | Monday, December 09, 2013 | 0 Comments
December 6, 2013

This notice from the U.S. Department of State and U.S. Citizenship and Immigration Services is to provide information from the initial transition into the Pre-Adoption Immigration Review (PAIR) program in Ethiopia and address some frequently asked questions from prospective adoptive parents and adoption service providers.

On August 30, 2013, the Department of State published an adoption notice detailing the three categories of cases that would be considered to be pre-PAIR cases by the Ethiopian Ministry of Women, Children, and Youth Affairs (MOWCYA).  These cases are not subject to the PAIR requirements.  MOWCYA provided the U.S. Embassy in Addis Ababa a list of specific cases that are considered pre-PAIR.  MOWCYA will require a PAIR letter from any case not on this list.  If you are unsure if your case is considered pre-PAIR, you can contact the U.S. Embassy in Addis Ababa (consadoptionaddis@state.gov) or the Office of Children’s Issues (askCI@state.gov) to verify whether your case is subject to PAIR requirements.

FFIC Hearing Dates before the PAIR Determination
Cases submitted to the Federal First Instance Court (FFIC) after the September 1, 2013 implementation of the PAIR are subject to the PAIR requirements.  Some cases which were submitted shortly after the implementation date may have received preliminary court hearing dates, despite not having a PAIR letter.  Families in this situation may wish to request a later hearing date from the FFIC or withdraw their petition to the FFIC until the PAIR process is completed.  Because the FFIC accepts the filing, schedules a preliminary hearing, and then forwards the filing to MOWCYA in order to prepare the best interest recommendation for the preliminary hearing, the PAIR letter needs to be included with the FFIC filing in order to facilitate that process.  It is our understanding that if MOWCYA receives a filing that is subject to the PAIR requirements but does not have a PAIR letter, they will present an unfavorable recommendation to the FFIC due to the lack of the PAIR letter.  While the FFIC does have final discretion in the issuance of an adoption decree, it is our understanding they generally do not issue decrees over an unfavorable recommendation from MOWCYA. 

Pre-PAIR Cases
Families whose adoptions are confirmed as pre-PAIR cases but who have chosen to go through PAIR processing can do so without concern for the timing of the PAIR letter with relation to the court process.  MOWCYA will not be looking for PAIR letters in these cases.  Once the court process is complete and the PAIR letter is issued, these families should follow the instructions for PAIR filings on submitting the final decree to the U.S. Embassy in Addis Ababa.  They should be sure to include the PAIR letter in this submission.  PAIR letters for confirmed pre-PAIR cases will not need to be authenticated because these PAIR letters will not be submitted to any Ethiopian government offices. 

Order of case processing
PAIR filings and resulting Form I-604 investigations will be processed as expeditiously as possible in the order they are received.  As with all adoption related immigration processing, the timeframe for completion of PAIR processing varies greatly based on the circumstances of each case.  Families adopting multiple children should note that PAIR processing may be completed sooner for some of the children than others.  Families in this situation are encouraged to consider this timing issue carefully as they plan both their submission to the FFIC and subsequent travel for court hearings. 

Authentication Fees
Families have requested information regarding the fees for authentication of the PAIR letter for use in Ethiopia.  Instructions for requesting authentications from the Department of State can be found on the Office of Authentications webpage.  The fee for authenticating PAIR letters is $8 per document (as of the notice date).  Please consult the Authentications webpage for the most recent fee information.  Instructions for requesting authentications from the Embassy of Ethiopia to the United States in Washington, D.C. can be found on its website.  The current service fee for authentications of U.S. documents for use in Ethiopia is $94.80 for U.S. citizens and other non-Ethiopian nationals.  Please contact the Embassy of Ethiopia to the United States to confirm the latest fee information. 

Communication
If you would like the Department of State or USCIS to contact you by e-mail during PAIR processing, please provide your email address with your PAIR filing.  Further, if you wish for either the Department of State or USCIS to communicate directly with your adoption service provider or agency, a privacy waiver must be submitted with your PAIR filing.

This information will also be added to the Ethiopia country specific information on adoption.state.gov and the USCIS country information webpage for Ethiopia in the coming weeks. 
"Not Clearly Approvable" Defined
Consular officers at U.S. Embassies and Consulates have limited, delegated authority from the United States Citizen and Immigration Service to approve Form I-600 petitions that are found to be clearly approvable. Clearly approvable means that the petition and supporting documentation clearly establish that the child is an orphan as defined by U.S. immigration law; all criteria identified on the Form I-600A approval regarding the child and any state pre-adoption requirements are met; and there are no concerns of fraud, child buying or other inappropriate practices in the adoption process.

In cases where the evidence is insufficient to establish that the child is an orphan or that the I-600A criteria have been met, the consular officer will allow the petitioner to respond to issues and questions that can be quickly and easily resolved. If issues and questions can be quickly and easily resolved and the case is clearly approvable the consular officer will approve the petition.

All non-Hague cases require an I-604 investigation to determine orphan status. In many instances this is a simple review of the documents and facts in the case. However, in some cases, an investigation by consular staff may be necessary to clarify doubts related to documentation presented or concerns of inappropriate practices. Investigations may include, but are not limited to, visits to the child's town of origin; interviews with birth relatives, orphanage staff, or social workers; DNA testing; and/or a field investigation.

If additional clarification and evidence does not fully resolve the issue quickly, the consular officer must send the petition to USCIS for review and adjudication. USCIS is the only agency with the authority to adjudicate NCA cases. If a case is identified as "Not Clearly Approvable", the consular officer sends the petitioner notification of the transfer to USCIS and provides contact information so that further inquiries may be directed to USCIS.

November 16, 2011 USCIS UPDATE ON PROCESSING OF “NOT CLEARLY APPROVABLE” CASES REFERRED BY EMBASSY ADDIS ABABA

A USCIS team of four officers arrived in Ethiopia and began working at Embassy Addis Ababa on November 7, 2011. As of the date of this notice, the team has received 63 “not clearly approvable” cases from Embassy Addis, and expects to receive at least 1 more case before they depart on Friday, November 18, 2011.
The following provides a summary of the results of the team’s review of the cases as of November 15, 2011:

Approvals Issued: 36
Requests for Evidence Issued: 9
Notices of Intent to Deny Issued: 1
Under USCIS Team Review: 9
Pending Birth Relative Interview: 8
Pending Physical Transfer: 1

During the team’s first days in Addis, they began reviewing the cases, and established procedures necessary for completing adjudication and issuing notices. Embassy Addis is providing the resources necessary for USCIS to be able to adjudicate the notclearly approvable cases. Although the team has encountered some technological challenges, the team has been issuing decisions and notices as soon as they are able. All cases that the team is able to approve before they depart from Addis Ababa will stay with the Consular Section in Embassy Addis Ababa, for immediate scheduling of immigrant visa processing. Families that receive an approval notice will be contacted directly by the U.S. Embassy within three business days. We strongly recommend that families wait to be contacted regarding an immigrant visa interview before making travel arrangements.

Cases that require a Request for Evidence or a Notice of Intent to Deny will be sent to the USCIS Rome District Office for further processing. Each family that received a Request for Evidence or a Notice of Intent to Deny should carefully read the instructions regarding where to send additional evidence to avoid delays in processing that could be caused by sending the evidence to the incorrect USCIS Office. USCIS has decided to utilize additional resources at the Rome District Office in the ongoing processing of some of the affected cases in an effort to ensure that they are processed to completion as quickly as possible.